2 Text current through November 1, 2017, see disclaimer at end of document. Section RENEWALS Section CORPORATIONS AND PARTNERSHIPS (REPEALED) Section RECIPROCITY Section ELECTRICAL INSTALLATIONS PERFORMED AS PART OF AN ELECTRICAL EDUCATION OR STATE APPRENTICESHIP PROGRAM ii

3 Maine Revised Statutes Title 32: PROFESSIONS AND OCCUPATIONS Chapter 17: ELECTRICIANS DEFINITIONS Subchapter 1: GENERAL PROVISIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1999, c. 386, Pt. F, 1 (AMD).] 1. Apprentice electrician. "Apprentice electrician" means an apprentice who is engaged in a written agreement to work at and learn the trade of an electrician under the direct supervision of a licensed master, journeyman or limited electrician in an apprenticeship program registered pursuant to 29 Code of Federal Regulations, Section 29.3 (2016) with the United States Department of Labor, Office of Apprenticeship or a state apprenticeship agency recognized by the Office of Apprenticeship. [ 2017, c. 198, 2 (AMD).] 1-A. Electrical company. "Electrical company" means a person, firm, corporation or partnership employing licensees engaged in the business of doing electrical installations. [ 2011, c. 286, Pt. F, 1 (AMD); 2011, c. 406, 1 (AMD).] 1-B. Board. "Board" means the Electricians' Examining Board. [ 2007, c. 402, Pt. I, 1 (NEW).] 2. Electrical installations. "Electrical installations" means the installation, repair, alteration and maintenance of electrical conductors, fittings, devices and fixtures for heating, lighting, power purposes or heat activated fire alarms, intrusion alarms, energy management, telephone, cable and closed-circuit television, sound systems, data transmission, conduit and raceway systems and electrically supervised manual fire alarms and sprinkler systems. "Electrical installations" includes complete installations related to photovoltaic, fuel cell and wind power generation systems. "Electrical installations" does not include the installation or repair of portable appliances and other portable electrical equipment, installation of which involves only the insertion of an attachment plug into a fixed receptacle outlet. It is the meaning and intent of this subsection that the word "portable" does not include or apply to any type of fixed electrically operated or driven equipment. [ 2017, c. 198, 2 (AMD).] 3. Helper electrician. "Helper electrician" means a person licensed to make electrical installations in the employment of a licensed master electrician, limited electrician or electrical company and under the direct supervision of a licensed master, journeyman or limited electrician but who does not qualify under subsection 1. [ 2017, c. 198, 2 (AMD).] 3-A. Journeyman-in-training electrician. "Journeyman-in-training electrician" means a person making electrical installations in the employment of a licensed master electrician, limited electrician or electrical company and under the indirect supervision of a licensed limited or master electrician. [ 2017, c. 198, 2 (AMD).] Definitions 3

5 1-A. Public utility. An entity subject to the jurisdiction of the Public Utilities Commission, the Federal Energy Regulatory Commission or the Federal Communications Commission, including all employees of such an entity, but only to the extent the entity or its employees are making electrical installations in furtherance of providing its authorized service or activities incidental to that authorized service. This exception does not apply to: A. Installations, other than installation of a meter, inside a customer's building; [2011, c. 290, 3 (NEW).] B. Installations of manufactured housing service equipment; and [2017, c. 198, 3 (AMD).] C. Installations at any business office of a utility corporation that is not physically located adjacent to the utility's generation or transmission and distribution plant; [2011, c. 290, 3 (NEW).] [ 2017, c. 198, 3 (AMD).] 1-B. Aboveground electric lines. Electrical work in connection with the construction, installation, operation, repair or maintenance of any aboveground electric transmission line capable of operating at one kilovolt or more. [ 2017, c. 198, 4 (AMD).] 1-C. Contractor. An entity, including all employees of such an entity, to the extent the entity has contracted with a public utility, as described in this section, to perform services for the public utility, but only to the extent the public utility would be exempt from this chapter if it were performing the services directly through its employees; or [ 2011, c. 290, 5 (NEW).] 2. Utility corporations. [ 2011, c. 290, 6 (RP).] 3. Mines, ships and carriers. The electrical work and equipment in mines, pipeline systems, ships, railway rolling stock or automotive equipment. [ 1999, c. 386, Pt. F, 2 (AMD).] 4. Certain laboratories. [ 1999, c. 386, Pt. F, 3 (RP).] 5. Oil burner technicians. [ 1999, c. 386, Pt. F, 4 (RP).] 6. Elevator mechanics. [ 1999, c. 386, Pt. F, 5 (RP).] 7. Low-energy installers. [ 1991, c. 531, 3 (RP).] 8. Gas installers. [ 1999, c. 386, Pt. F, 6 (RP).] Exceptions 5

7 3. Inspection required. An inspection is required before electrical wiring is enclosed through the construction process. The licensed electrician performing the electrical installation shall notify a state electrical inspector, or the local municipal inspector if the municipality has an electrical inspector, when the installation is ready for inspection. The inspector shall determine whether the electrical installation complies with all applicable statutes, ordinances and rules. If the inspector determines that the electrical installation does not comply, the procedures set forth in section 1104 apply. A utility corporation must require proof of permit prior to connecting power to the electrical installation. [ 2017, c. 198, 6 (NEW).] 4. Procedures and fees. Pursuant to the Maine Administrative Procedure Act, the board may adopt procedures for applications for permits and the conduct of inspections under this section. The combined service fee for a permit and inspection must be paid with every application for a permit. The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation shall adopt by rule a schedule of appropriate service fees, but in no event may any scheduled service fee exceed $100. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [ 2017, c. 198, 6 (NEW).] 5. Exceptions to the permitting requirement. In addition to the exception for a single-family dwelling set forth in section 1102-D, a permit from the board is not required for: A. An electrical installation in a single-family dwelling performed by a licensed electrician qualified under this chapter; [2017, c. 198, 6 (NEW).] B. The electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any utility by a public utility, or by a contractor working on behalf of a public utility as set forth in section 1102, subsection 1-C, in rendering its authorized service or in any way incidental thereto; [2017, c. 198, 6 (NEW).] C. The electrical work and equipment employed in connection with an aboveground electric transmission line described in section 1102, subsection 1-B; [2017, c. 198, 6 (NEW).] D. Minor repair work, including the replacement of lamps, fuses, lighting fixtures, switches and sockets, the installation and repair of outlets, radio and other low-voltage equipment and the repair of service entrance equipment; [2017, c. 198, 6 (NEW).] E. Electrical installations for which a permit and inspection are required by municipal resolution or ordinance under Title 30-A, section 4173; [2017, c. 198, 6 (NEW).] F. Any electrical equipment and work, including construction, installation, operation, maintenance and repair in or about industrial or manufacturing facilities; [2017, c. 198, 6 (NEW).] G. Any electrical equipment and work, including construction, installation, operation, maintenance and repair in, on or about other properties, equipment or buildings, residential or of any other kind, owned or operated by a person engaged in industrial or manufacturing operations provided that the work is done under the supervision of an electrical engineer or master electrician in the employ of that person; [2017, c. 198, 6 (NEW).] H. Work performed by any person licensed under chapter 139 as an oil burner technician, subject to the restrictions of the license as issued; [2017, c. 198, 6 (NEW).] I. Work performed by a person licensed under chapter 139 as a propane and natural gas installer, when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license; [2017, c. 198, 6 (NEW).] C. Permit; inspection of electrical installations 7

8 J. Work performed by a person licensed under chapter 49 as a plumber, except that this exception applies only to disconnection and connection of electrical conductors required in the replacement of water pumps and water heaters of the same or smaller size in residential properties; or [2017, c. 198, 6 (NEW).] K. Work performed by a person licensed under chapter 69-C as a pump installer, except that this exception applies only to disconnection and connection of electrical conductors required in the replacement of water pumps of the same or smaller size in residential properties and the installation of new water pumps and associated equipment of 3 horsepower or smaller. [2017, c. 198, 6 (NEW).] [ 2017, c. 198, 6 (NEW).] 2017, c. 198, 6 (NEW) D. SINGLE-FAMILY DWELLING EXCEPTION; CERTIFICATE REQUIRED 1. Exception. A person may make an electrical installation in a newly constructed single-family dwelling that is occupied by that person and used solely as a single-family dwelling, or will be occupied by that person as the person's bona fide personal abode and used solely as a residence, as long as the electrical installation conforms to the standards of the National Electrical Code or other standards approved by the board and as long as the person applies for and receives a single-family dwelling certificate in accordance with this section. [ 2017, c. 198, 6 (NEW).] 2. Application for single-family dwelling certificate. An application for a single-family dwelling certificate must be made by the person that is using and occupying, or will use and occupy, the single-family dwelling solely as that person's bona fide personal abode and residence. [ 2017, c. 198, 6 (NEW).] 3. Certification. An electrical installation made pursuant to this section in a newly constructed singlefamily dwelling requires certification by a state electrical inspector or a local inspector, or a licensed master electrician or a licensed limited electrician in house wiring, prior to the activation of electricity by the utility company. [ 2017, c. 198, 6 (NEW).] 4. Notification and inspection of single-family dwelling certificate required. An inspection is required before the electrical wiring is enclosed by the construction process. The person making the electrical installation shall contact the state electrical inspector prior to the electrical installation. The person making the electrical installation shall also notify the state inspector when the electrical installation is ready for inspection. The inspector shall determine whether the electrical installation complies with all applicable statutes, ordinances and rules. If the inspector determines that the electrical installation does not so comply, the procedures set forth in section 1104 apply. A utility corporation must require proof of certification prior to connecting power to the electrical installation. [ 2017, c. 198, 6 (NEW).] 5. Procedures and fees. Pursuant to the Maine Administrative Procedure Act, the board may adopt procedures for applications for single-family dwelling certificates and the conduct of inspections under this section. The combined service fee for a certificate and inspection must be paid with every application for a certificate. The Director of the Office of Professional and Occupational Regulation within the Department D. Single-family dwelling exception; certificate required

9 of Professional and Financial Regulation shall adopt by rule a schedule of appropriate service fees, but in no event may any scheduled service fee exceed $100. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [ 2017, c. 198, 6 (NEW).] 2017, c. 198, 6 (NEW) MUNICIPAL LICENSES NOT REQUIRED; MUNICIPAL PERMITS A municipality, notwithstanding provisions in charters or ordinances to the contrary, may not require licensed electricians to be municipally licensed, and a municipality may not issue a permit for an electrical installation unless satisfied that the person applying for the permit complies with this chapter. [2017, c. 198, 7 (AMD).] 1965, c. 385, 3 (RPR). 1973, c. 363, (RPR). 2011, c. 420, Pt. M, 1 (AMD). 2011, c. 420, Pt. M, 7 (AFF). 2017, c. 198, 7 (AMD) STATE ELECTRICAL INSPECTORS State electrical inspectors have powers throughout the counties of the State similar to those of sheriffs in their respective counties, relating to enforcement of this chapter and rules adopted under this chapter. These powers are limited to the power to conduct investigations, issue citations, serve summonses and order corrections of violations in accordance with specific statutory authority. [2017, c. 198, 8 (NEW).] 1. Complaint inspections. State electrical inspectors, upon complaint of imminent danger or upon written complaint of any owner, lessee or tenant of a building, state fire inspector, fire chief, fire department inspector, personnel of a transmission and distribution utility or local electrical inspector or whenever they determine it necessary at all reasonable hours, for purposes of examination, may enter into and upon all buildings or premises within their jurisdiction and inspect those buildings or premises. They may enter any building only with the permission of the person having control thereof or, after hearing, upon order of court. Whenever any state electrical inspector finds any electrical installation in any building or structure that does not comply with this chapter, that inspector shall order the electrical installation to be removed or remedied and the order must forthwith be complied with by the owner or occupant of the premises or buildings or the electrician that performed the work. Whenever any state electrical inspector finds any electrical installation in any building or structure that creates a danger to other property or to the public, the inspector may forbid use of the building or structure by serving a written order upon the owner and the occupant, if any, to vacate within a reasonable period of time to be stated in the order. [ 2017, c. 198, 8 (AMD).] 2. Order to correct deficiency; appeal. Any person ordered by a state electrical inspector to correct an electrical deficiency or to vacate a building or structure may appeal the order to the Electricians' Examining Board by filing with that board within 30 days of receipt of the order a written notice of appeal. The board shall hold a hearing and review that appeal and issue its written decision thereof within a reasonable time after receipt of the notice of appeal. If the board upholds the inspector's order, it shall prescribe the time period for the requisite correction specified in its written decision or the time within which that person must vacate the building or structure. The decision must be complied with unless appealed as provided. Any person ordered by the board to correct an electrical deficiency or to vacate a building or structure may appeal the order to the Municipal licenses not required; municipal permits 9

10 Superior Court in accordance with Title 5, section by filing a petition for review within 48 hours of receipt of the order. The petition for review may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [ 2017, c. 198, 8 (AMD).] Upon the failure of any person to carry out a final order as provided, the Electricians' Examining Board may petition the Superior Court for the county in which the building or premises are located for an injunction to enforce that order. If the court determines upon hearing the petition that a lawful final order was issued, it shall order compliance. [2009, c. 112, Pt. A, 4 (RPR).] 1965, c. 385, 4 (RPR). 1967, c. 69, 2 (AMD). 1971, c. 310, (AMD). 1973, c. 303, 3 (AMD). 1973, c. 363, (RPR). 1981, c. 432, 3-5 (AMD). 1981, c. 470, A151 (AMD). 1981, c. 698, 157 (AMD). 1995, c. 325, 8 (AMD). 1999, c. 657, 14 (AMD). 2009, c. 112, Pt. A, 4 (RPR). 2011, c. 559, Pt. A, 34 (AMD). 2017, c. 198, 8 (AMD) A. FAILURE TO COMPLY WITH ORDER OF INSPECTOR If the owner or occupant of any building or the electrician who performed the work neglects or refuses without justification for more than 10 days to comply with any order of a state electrical inspector concerning electrical installations as provided in this chapter, that person commits a civil violation for which a fine of not less than $100 for each day's neglect may be adjudged. [2011, c. 286, Pt. F, 9 (AMD).] 1965, c. 498, 2 (NEW). 1973, c. 363, (RPR). 1991, c. 531, 8 (AMD). 2011, c. 286, Pt. F, 9 (AMD) B. FAILURE TO COMPLY WITH ORDER OF INSPECTOR (REPEALED) 1967, c. 69, 3 (NEW). 1973, c. 363, (RP) VIOLATIONS; PENALTY 1. Unlicensed practice. A person who violates section 1201 is subject to the provisions of Title 10, section 8003-C. A. [2007, c. 402, Pt. I, 3 (RP).] B. [2007, c. 402, Pt. I, 3 (RP).] C. [2007, c. 402, Pt. I, 3 (RP).] [ 2011, c. 420, Pt. M, 2 (AMD); 2011, c. 420, Pt. M, 7 (AFF).] 2. Penalty. [ 2007, c. 402, Pt. I, 4 (RP).] A. Failure to comply with order of inspector

17 A. A journeyman electrician may make electrical installations while employed by a supervising master electrician, limited electrician or electrical company. A person licensed under this subsection may supervise: (1) Two helper electricians who are enrolled in, or have completed, a program of study consisting of 576 hours of education as approved by the board or from an accredited institution; (2) Two apprentice electricians; or (3) One helper electrician. [2017, c. 198, 17 (NEW).] B. In order to obtain a license under this subsection, a person must first pass an examination approved by the board and provide evidence of having: (1) Worked at least 8,000 hours in the field of electrical installations as a licensed helper electrician or apprentice electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician or having at least 8,000 hours of work experience in electrical installations, and having completed a program of study consisting of 576 hours as approved by the board or from an accredited institution. The 576 hours must consist of 225 hours of required study, including an approved course of 45 hours in the current National Electrical Code, and 351 hours of elective study that is either composed of all trade-related electives or 225 hours of trade-related courses and 135 hours of degree-related courses; (2) Graduated from an accredited regional applied technology high school 2-year electrical program, worked at least 8,000 hours in the field of electrical installations as a licensed helper electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician and completed a course of 45 hours in the current National Electrical Code; (3) Graduated from an accredited community college electrical program or a vocational-electrical program of a state department of corrections and having worked at least 8,000 hours in the field of electrical installations as a licensed helper electrician, under the direct supervision of a master electrician, journeyman electrician or limited electrician, and having completed a course of 45 hours in the current National Electrical Code. Graduates of a community college electrical program or a vocational-electrical program of a state department of corrections are credited 4,000 hours of work experience in electrical installations and are qualified to sit for the examination; (4) Worked at least 8,000 hours as a licensed apprentice electrician in the field of electrical installations under the direct supervision of a master electrician, journeyman electrician or limited electrician, having completed a program of study comprising at least 576 hours prescribed in an apprenticeship program approved by the board and having completed a course of 45 hours in the current National Electrical Code. A licensed apprentice who has completed an approved apprenticeship program of study and has worked at least 4,000 hours as a licensed apprentice electrician is qualified to sit for the examination; or (5) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board. [2017, c. 198, 17 (NEW).] [ 2017, c. 198, 17 (NEW).] 3. Journeyman-in-training electrician license; scope of license; professional qualifications. The board may issue a license to an applicant for a journeyman-in-training electrician license. A. A journeyman-in-training electrician may make electrical installations while employed by a supervising master electrician, limited electrician or electrical company. A journeyman-in-training electrician may not supervise other electricians. [2017, c. 198, 17 (NEW).] B. In order to obtain a license under this subsection, a person must first pass an examination approved by the board and provide evidence of having: A. Issuance of licenses 17

18 (1) Completed at least 2,000 work hours in the field of electrical installations as a licensed helper electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician; graduated from an accredited community college electrical program or a vocationalelectrical program of a state department of corrections; and completed a course of 45 hours in the current National Electrical Code; or (2) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board. [2017, c. 198, 17 (NEW).] [ 2017, c. 198, 17 (NEW).] 4. Master electrician license; scope of license; professional qualifications. The board may issue a license to an applicant for a master electrician license. A. A master electrician may make electrical installations without limitation. A master electrician is responsible for verifying the current licensure of all of that master electrician's employees, if licensure is applicable, prior to and during employment. Master electricians are responsible for any electrical installation they perform and for the electrical installations of individuals they supervise at the time of the electrical installations. A master electrician may supervise 2 helper electricians who are enrolled in, or have completed, a program of study consisting of 576 hours of education as approved by the board or from an accredited institution; 2 apprentice electricians; or one helper electrician. Any helper electrician or apprentice electrician must be employed by a master electrician and be under the master electrician's supervision. A master electrician may supervise an unlimited number of licensed journeyman electricians, journeyman-in-training electricians or limited electricians. [2017, c. 198, 17 (NEW).] B. In order to obtain a license under this subsection, a person must first pass an examination approved by the board and provide evidence of having: (1) Worked at least 12,000 hours in the field of electrical installations as a licensed helper electrician or apprentice electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician, or worked at least 4,000 hours in the field of electrical installations as a journeyman electrician or journeyman-in-training electrician under the indirect supervision of a master electrician or limited electrician and having completed a program of study consisting of 576 hours as approved by the board or from an accredited institution. The 576 hours must consist of 450 hours of required study, including a course of 45 hours in the current National Electrical Code and 126 hours of degree-related courses; or (2) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board. [2017, c. 1, 28 (COR).] C. A person who holds a journeyman or limited electrician license issued prior to July 1, 1987 is eligible to take the examination for a master electrician license if the person has completed the number of hours of work experience required by this subsection and has completed a 45-hour course in the current National Electrical Code. [2017, c. 198, 17 (NEW).] [ 2017, c. 1, 28 (COR).] 5. Limited electrician license; scope of license. The board may issue a license to an applicant for a limited electrician license A. Issuance of licenses

19 A. A limited electrician may only make electrical installations authorized by the specific limited license category. A limited electrician is responsible for verifying the current licensure of all employees, if licensure is applicable, prior to and during employment. Limited electricians are responsible for any electrical installation work they perform and for work of individuals they supervise at the time of electrical installation. A limited electrician may supervise 2 helper electricians who are enrolled in, or have completed, a program of study consisting of 576 hours of education as approved by the board or from an accredited institution; 2 apprentice electricians; or one helper electrician. A limited electrician may supervise helper electricians or apprentice electricians only in the performance of electrical installations authorized by the limited electrician's specific limited license category. [2017, c. 198, 17 (NEW).] B. In order to obtain a license under this subsection, a person must meet the following requirements, as applicable: (1) A limited electrician in water pumps must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in water pumps is restricted to performing electrical work between the branch circuit overcurrent device, the water pump and associated controls. (2) A limited electrician in outdoor signs, including sign lighting, must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. The scope of this license does not include branch circuit wiring. (3) A limited electrician in gasoline dispensing must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in gasoline dispensers is restricted to performing electrical work between the branch circuit overcurrent device, the dispenser and associated controls. (4) A limited electrician in traffic signals, including outdoor lighting of traffic signals, must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in traffic signals is restricted to performing electrical work on traffic signals, including outdoor lighting of traffic signals and the traffic signal electrical service. (5) A limited electrician in house wiring must provide evidence of having completed at least 225 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 4,000 hours of work experience approved by the board in rules. A limited electrician in house wiring is restricted to performing electrical work in one-family dwellings and 2-family dwellings, including manufactured homes. (6) A limited electrician in refrigeration must provide evidence of having completed at least 270 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 6,000 hours of work experience approved by the board in rules. Graduates of a community college electrical program in refrigeration approved by the board or from an accredited institution are credited with 4,000 hours of work experience upon graduation. A limited electrician in refrigeration is restricted to performing electrical work between the branch circuit overcurrent device, the refrigeration equipment and associated controls. (7) A limited electrician in low-energy electronics, including fire alarms, must provide evidence of having completed at least 270 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 4,000 hours of work experience approved by the board in rules. A limited electrician in low-energy electronics is restricted to performing electrical work on low-energy electronics as supplied by Class I, II and III limited energy systems, all fire alarm systems and the dedicated branch circuit wiring A. Issuance of licenses 19

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